Sexual Offences Under BNS: Complete Guide to Sections 63–73
If you searched for sexual offences under BNS, you’re likely trying to understand how India’s new criminal code, the Bharatiya Nyaya Sanhita, 2023, handles rape and related crimes, or how these provisions compare to the old IPC sections you may already know. This guide covers every section from 63 to 73, the exact punishments each carries, and where these provisions differ from what came before.
Quick Reference: Sexual Offences Under BNS
| Section | Offence | Punishment |
|---|---|---|
| 63 | Definition of rape | (No punishment, defines the offence) |
| 64 | Punishment for rape | 10 years to life imprisonment, plus fine |
| 65 | Rape of a minor | 20 years to life (under 16); 20 years to life or death (under 12) |
| 66 | Rape causing death or persistent vegetative state | 20 years to life, or death |
| 67 | Sexual intercourse with estranged spouse | 2 to 7 years, plus fine |
| 68 | Sexual intercourse by a person in authority | 5 to 10 years, plus fine |
| 69 | Sexual intercourse by deceitful means | Up to 10 years, plus fine |
| 70 | Gang rape | 20 years to life; life or death if victim is under 18 |
| 71 | Punishment for repeat offenders | Life imprisonment or death |
| 72 | Disclosure of victim’s identity | Up to 2 years, plus fine |
| 73 | Publishing court proceedings without permission | Up to 2 years, plus fine |
These eleven sections sit within Chapter V of the BNS (“Of Offences Against Woman and Child”), which itself runs from Sections 63 to 99 and covers sexual offences, criminal force and assault against women, marriage-related offences, and causing miscarriage. This guide focuses specifically on the sexual offences cluster, Sections 63 to 73.
Section 63: What Counts as Rape Under BNS
Section 63 defines rape itself, without prescribing any punishment, that comes separately, in Section 64. The section carries forward the definition from the old Section 375 IPC largely unchanged, with one notable update: the marital exception’s age threshold rose from 15 to 18.
The Four Acts Section 63 Covers
A man commits rape if he:
- Penetrates his penis, to any extent, into a woman’s vagina, mouth, urethra, or anus, or makes her do so with him or another person.
- Inserts any object or body part (other than the penis) into her vagina, urethra, or anus, to any extent, or makes her do so.
- Manipulates any part of her body to cause penetration into her vagina, urethra, anus, or any other body part, or makes her do so.
- Applies his mouth to her vagina, anus, or urethra, or makes her do so.
The Seven Circumstances That Make These Acts Rape
Any of the acts above becomes rape when committed:
- Against the woman’s will
- Without her consent
- With consent obtained by putting her, or someone she cares about, in fear of death or injury
- With consent given because she mistakenly believes the man is her lawful husband
- With consent given while she’s unable to understand the nature of the act, due to unsoundness of mind, intoxication, or a substance administered to her
- With or without consent, if she’s under eighteen
- When she’s unable to communicate consent at all
Two Important Explanations
Section 63 defines “vagina” to include the labia majora, and defines consent as an unequivocal, voluntary agreement communicated through words, gestures, or any other form of communication. Critically, the section states that a woman’s physical passivity during penetration doesn’t, by itself, count as consent, the absence of resistance is not the same as agreement.
The Two Exceptions
Section 63 carries two exceptions: a medical procedure or intervention doesn’t constitute rape, and sexual intercourse between a man and his own wife, provided she isn’t under eighteen, doesn’t count as rape either. This second exception, the marital rape exception, remains one of the most actively contested provisions in Indian criminal law. It’s currently facing sustained constitutional challenge before the Supreme Court, and courts may revisit it in the coming years.
Section 64: Punishment for Rape
Once Section 63 establishes that rape occurred, Section 64 sets the punishment: rigorous imprisonment for a term of not less than 10 years, extendable to life imprisonment, along with a fine. Section 64(2) addresses rape committed in specific aggravating circumstances, such as by a police officer, public servant, member of the armed forces, or someone in a position of trust, carrying the same 10-years-to-life range, but with “life imprisonment” here specifically meaning imprisonment for the remainder of the convict’s natural life, not merely a fixed term.
Section 65: Rape of a Minor
Section 65 escalates punishment sharply where the victim is a minor, and splits into two age bands:
- Victim under sixteen: rigorous imprisonment of not less than twenty years, extendable to life imprisonment (meaning the remainder of the convict’s natural life), plus a fine.
- Victim under twelve: the same twenty-years-to-life range, but with death available as an additional maximum punishment.
In both cases, the law requires the fine to be just and reasonable, specifically to cover the victim’s medical expenses and rehabilitation, and the statute directs that any fine collected must go directly to the victim, not the State.
Section 66: Rape Causing Death or a Persistent Vegetative State
Where rape leaves the victim dead or in a persistent vegetative state, Section 66 prescribes rigorous imprisonment of not less than twenty years, extendable to life imprisonment, or death.
Section 67: Sexual Intercourse With an Estranged Spouse
This section addresses a scenario the general rape definition’s marital exception leaves untouched: sexual intercourse with one’s own wife while she’s living separately, without her consent. It carries a considerably lighter punishment than rape itself ,imprisonment of 2 to 7 years, plus a fine, reflecting the marital exception’s continued, if narrower, reach even during separation.
Section 68: Sexual Intercourse by a Person in Authority
Section 68 targets sexual intercourse obtained by abusing a position of authority or a fiduciary relationship, covering public servants, jail or custodial facility superintendents and managers, and hospital management or staff. It applies specifically where the act doesn’t already rise to the level of rape under Section 63, and carries rigorous imprisonment of 5 to 10 years, plus a fine.
Section 69: Sexual Intercourse by Deceitful Means
Section 69 is entirely new, it has no equivalent anywhere in the old Indian Penal Code, 1860. It criminalises sexual intercourse obtained through deceitful means, including a false promise of marriage made without any real intention of keeping it. The statute defines “deceitful means” broadly, covering false promises of employment or promotion, and concealing one’s true identity in order to marry someone. The punishment extends up to 10 years, plus a fine.
This section has generated significant litigation since 2024, and courts have moved to narrow its scope. The Supreme Court held in 2025 that mere non-performance of a marriage promise, without evidence of dishonest intent from the very start of the relationship, doesn’t satisfy Section 69, a long relationship that simply doesn’t end in marriage isn’t automatically a criminal deception.
Section 70: Gang Rape
Section 70 addresses rape committed by a group acting with common intention, and splits punishment by the victim’s age:
- Adult victim: rigorous imprisonment of not less than twenty years, extendable to life imprisonment, plus a fine directed toward her medical expenses and rehabilitation.
- Victim under eighteen: life imprisonment (meaning the remainder of the convict’s natural life), or death, plus fine.
Section 71: Punishment for Repeat Offenders
Anyone previously convicted under Sections 64, 65, or 66 who commits rape again faces life imprisonment, meaning the remainder of their natural life, or death.
Section 72: Disclosure of a Victim’s Identity
Section 72(1) prohibits printing or publishing the name, or any information likely to reveal the identity, of a person against whom an offence under Sections 64 through 71 is alleged or proven. Violating this carries imprisonment of up to 2 years, plus a fine.
When Disclosure Is Permitted
Section 72(2) carves out three exceptions. Publication is lawful when:
- The investigating police officer authorises it in writing, in good faith, for the investigation’s purposes.
- The victim personally authorises it in writing.
- Where the victim is deceased, a minor, or of unsound mind, their next of kin authorises it in writing, though the law restricts this authorisation specifically to the chairman or secretary of a recognised welfare institution, not just anyone.
Section 73: Publishing Court Proceedings Without Permission
Anyone who prints or publishes material about a court proceeding concerning an offence under Section 72, without the court’s prior permission, faces imprisonment of up to 2 years, plus a fine.
How Sexual Offences Under BNS Compare to the Old IPC
For anyone more familiar with the earlier law, here’s how the numbering shifted:
| Old IPC Provision | BNS Equivalent | What Changed |
|---|---|---|
| Section 375 (definition) | Section 63 | Marital exception age raised from 15 to 18 |
| Section 376 (punishment) | Section 64 | Largely unchanged |
| Section 376AB/376DB (minors) | Section 65 | Restructured, same core punishment bands |
| — | Section 69 | Entirely new; no IPC predecessor |
| Section 228A | Section 72 | Largely unchanged |
Frequently Asked Questions on Sexual Offences Under BNS
What is the punishment for rape under BNS? Section 64 prescribes rigorous imprisonment of not less than 10 years, extendable to life imprisonment, plus a fine.
Is marital rape a crime under BNS? No, not generally. Section 63’s Exception 2 excludes sexual intercourse between a husband and wife (where the wife is 18 or older) from the definition of rape. This exception faces active constitutional challenge before the Supreme Court.
What’s new in BNS that wasn’t in the old IPC? Section 69, sexual intercourse by deceitful means, including a false promise of marriage, has no equivalent under the old Indian Penal Code, 1860. It’s the most significant genuinely new provision in this chapter.
Can the death penalty apply under sexual offences provisions of BNS? Yes, in specific circumstances: rape of a victim under twelve (Section 65(2)), rape causing death or a persistent vegetative state (Section 66), gang rape of a minor (Section 70(2)), and repeat offences (Section 71).
Who can legally disclose a sexual offence victim’s identity? Only the investigating police officer (in writing, for investigation purposes), the victim personally, or, where the victim is deceased, a minor, or of unsound mind, their next of kin, and only through a recognised welfare institution’s chairman or secretary.
